Last updated June 27, 2026 · Reviewed by Neil Alan Milestone, The Florida Bar No. 309966
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Start the free role checkFlorida will vs. revocable living Trust, at a glance
| What matters | Florida will | Revocable living Trust |
|---|---|---|
| When it takes effect | Only at death | During life and at death |
| Florida probate | Generally required to take effect | Generally avoided for assets the Trust owns |
| Privacy | Becomes a public court record | Stays private |
| If you become incapacitated | Doesn't help — a will operates only at death | A successor Trustee can manage assets for you |
| Protection from your creditors | No | No — a revocable Trust is not asset protection |
Many Florida plans use both
A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.
Which is right for you in Florida?
There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, and your goals. This page is general information, not legal advice. A free role check can point you to the right next step, and a Florida attorney can recommend what fits your situation.
The real dividing line: Florida probate
The practical difference between a will and a funded trust comes down to one thing — probate. Property that passes under a will goes through Florida probate: a public, court-supervised process that commonly takes several months to a year, with attorney fees set by a statutory schedule (§733.6171) that scales with the estate. Property held in a properly funded revocable living trust generally skips that process entirely and stays private. If avoiding the delay, cost, and publicity of probate matters to you, that is the trust’s core advantage — see how much Florida probate costs and how to avoid it.
A trust only works if you fund it
The most common mistake with Florida trusts is leaving them empty. A revocable living trust only avoids probate for the assets you actually retitle into it — a new deed for your home, retitled bank and brokerage accounts. A signed but unfunded trust still sends your estate through probate. That is why a pour-over will is paired with the trust as a backstop, and why funding the trust is a step you cannot skip.
The Florida homestead and spouse wrinkles
Two Florida rules sit on top of the will-vs-trust choice no matter which you pick. The homestead cannot be freely left to anyone if you have a spouse or minor child, and a surviving spouse has a 30% elective share that even reaches into a revocable trust. Neither document overrides those, so a Florida plan has to be built around them — a good reason to have a licensed Florida attorney review the result.
Related reading
- The Florida revocable living trust, explained →
- How to avoid probate in Florida →
- What a living trust costs in Florida →
- Quiz: will or trust for you? →
- Florida Estate Planning overview →
- Florida will requirements (§732.502) →
General information about Florida law, not legal advice.
Frequently asked questions
- Is a revocable living trust better than a will in Florida?
- Neither is universally "better" — they do different jobs. Generally, a revocable living trust avoids probate and helps if you become incapacitated; a will is simpler and is where you name guardians for minor children. Many Florida plans use both. Which fits you is a question for a Florida attorney. General information, not legal advice.
- Does a revocable living trust avoid probate in Florida?
- Generally, assets properly titled in (funded into) a revocable living trust pass outside probate. Assets left outside the trust may still require probate — which is one reason a pour-over will is common in Florida.
- Do I still need a will if I have a revocable trust in Florida?
- Usually yes. A "pour-over" will catches assets that were never transferred into the trust and is where you name guardians for minor children. Whether and how depends on your situation — a Florida attorney can advise.
- Does a will or a revocable trust protect assets from creditors in Florida?
- Generally neither does on its own. A will simply directs property at death; a revocable living trust leaves assets reachable by your creditors during life because you keep control. Florida asset protection (homestead, tenancy by the entireties, certain exemptions) is a separate, fact-specific area for a Florida attorney.
- How much does a will vs. a trust cost in Florida?
- A simple Florida will is typically a few hundred dollars; a revocable living trust package commonly runs about $1,500–$3,000 with an attorney (less with guided software). But the comparison most people miss is the cost on the other end: a will sends assets through probate, where Florida attorney fees are set by a statutory schedule (§733.6171) that scales with the estate — often far more than the trust would have cost. So the cheaper document up front can be the costlier plan overall.
- What about my Florida homestead — will or trust?
- Florida homestead is special. It already passes outside probate to a surviving spouse or heirs and carries constitutional protections, and if you have a spouse or minor child you cannot freely devise it either way. Putting homestead into a revocable trust can be done and usually preserves the tax exemption, but it must be drafted around the homestead rules — a point worth confirming with a Florida attorney.
- What does 'funding' a trust involve in Florida?
- Funding means retitling assets into the trust's name — recording a new deed for Florida real estate, and changing the title on bank and brokerage accounts. A trust that is signed but never funded does not avoid probate. This extra step is the trade-off for a trust's benefits.
General information about Florida law, not legal advice.